Jury and jurors:
Peremptory challenge
No decision of the present court clearly establishes that a judge, in ruling on an objection to a peremptory challenge under Batson v. Kentucky, 476 U.S. 79 (1986), must reject a demeanor-based explanation for the challenge unless the judge personally observed and recalls the aspect of the prospective juror's demeanor on which the explanation is based.
Thaler v. Haynes (Per curiam) (USSC) On petition for writ of certiorari to the 5th U.S. Circuit Court of Appeals (No. 09-273) (Feb. 22, 2010).
Prisons: Excessive force claim
A U.S. District Court judge erred in deciding a prison inmate's excessive force claim based on the extent of the inmate's injury rather than on the nature of the force.
Wilkins v. Grady (Per curiam) (Thomas, J., joined by Scalia, J., concurring) (USSC) On petition for writ of certiorari to the 4th U.S. Circuit Court of Appeals (No. 08-10914) (Feb. 22, 2010).
Civil practice: Removal -
'Principal place of business'
In determining diversity of citizenship, a corporation's "principal place of business" refers to the place where the corporation's high level officers direct, control and coordinate its activities, i.e., its "nerve center," which will typically be found at its corporate headquarters.
Hertz Corporation v. Friend, et al. (Breyer, J.) (USSC) On certiorari to the 9th U.S. Circuit Court of Appeals (No. 08-1107) (Feb. 23, 2010).
Criminal: 'Miranda' warnings
Advice that a suspect has "the right to talk to a lawyer before answering any ... [law enforcement officers'] questions" and that he can invoke this right "at any time ... during th[e] interview" satisfies Miranda v. Arizona, 384 U.S. 436 (1966).
Florida v. Powell (Ginsburg, J.) (Stevens, J., joined in part by Breyer, J., dissenting) (USSC) On certiorari to the Supreme Court of Florida (No. 08-1175) (Feb. 23, 2010).
Published: Tue, Mar 2, 2010
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